{
  "url": "https://openlegislation.uk/title-conditions-scotland-act-2003/section-1",
  "json_url": "https://openlegislation.uk/title-conditions-scotland-act-2003/section-1.json",
  "legislation": "asp/2003/9",
  "legislation_title": "Title Conditions (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/title-conditions-scotland-act-2003",
  "path": "section/1",
  "kind": "section",
  "number": "1",
  "heading": "The expression “real burden”",
  "text": "(1) A real burden is an encumbrance on land constituted in favour of the owner of other land in that person’s capacity as owner of that other land.\n(2) In relation to a real burden—\n(a) the encumbered land is known as the “burdened property”; and\n(b) the other land is known as the “benefited property”.\n(3) Notwithstanding subsections (1) and (2) above, the expression “real burden” includes a personal real burden; that is to say a conservation burden, a rural housing burden, a maritime burden, an economic development burden, a health care burden, a manager burden, a personal pre-emption burden and a personal redemption burden (being burdens constituted in favour of a person other than by reference to the person’s capacity as owner of any land).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 1 wholly in force; s. 1 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 1 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/9/section/1",
    "retrieved_at": "2026-10-29T20:16:49.876430+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}